DATE: 20061207

DOCKET: C46031

COURT OF APPEAL FOR ONTARIO

RE: GERARD LIONEL LABBE (Appellant) – and – CORA LEE PAQUIN LABBE (Respondent)

BEFORE: ROSENBERG, MACPHERSON AND ROULEAU JJ.A.

COUNSEL:

Mari-Anne Saunders for the appellant

Malte Von Anrep for the respondent

HEARD & ENDORSED: December 6, 2006

On appeal from the Final Order of Justice B. H. Matheson of the Superior Court of Justice, Family Court, dated September 27, 2006.

A P P E A L B O O K E N D O R S E M E N T

[1] In our view, the Ontario courts did not have jurisdiction in this matter. The appellant did not meet the requirements of s. 22 of the Childrens Law Reform At. This child is not habitually resident in Ontario. Given the fact that she has lived in Mexico for the previous for years and that there is an outstanding interim order in Mexico at least the requirements in s. 22(i)(ii) and (iii) were not met. This is also not a case falling within s. 23 of the Act.

[2] We are also of the view that it was open to Matheson J. to reach the conclusion he did on the merits, especially given the independent evidence from Mr. Bolton.

[3] Accordingly, the appeal is dismissed. Costs to the respondent of $3,500 inclusive of G.S.T. and disbursements in addition to the $500 costs ordered by Labrosse J.A. payable to the respondent.